“The maximum penalty on the charge of negligence driving causing death is five years imprisonment or a fine of $2,000,” he said.

“The maximum penalty for failing to stop and ascertain an injured person is one month imprisonment term or a fine of $200.”

Judge Fepuleai told Teni that the incident could have been avoided if he had slowed down.

“According to reports from the Probation Officer, you told them that you went to drop off some of the employees and upon return you came straight to Fagali’i to do shopping’ said Judge Fepuleai.

“You also told them that the road was clear because this is the only vehicle on the road at that time. You also said when you got to this area, you saw this elderly lady trying to cross the road and that she was standing in the middle of the road.

“At the time you told them that you thought the victim was continuing crossing the road, but instead you told the probation the elderly turned around and it seems like she was going back instead of going forward and that’s when the vehicle hit her.”

In reading out the aggravating features Judge Fepulea’i took into account that the accused was speeding and was under the influence of alcohol.

“Thirdly the Court takes it seriously the fact that you were careless and that you told probation the road was clear and that you saw the victim trying to cross the road.

“Lastly, this has not only affected the victim, but also her kids and her whole family.”

He added in sentencing the defendant it also sends out a strong message to the public to deter anyone from speeding and driving under the influence of alcohol.

Judge Fepulea’i adopted a starting point of three and a half years imprisonment.

“I deduct one year for your early guilty plea, six months for the traditional apology that was conducted by matais of Vailele to the family of the victim, six months deduction for your previous good character and that leaves one and a half year or 18 months imprisonment.”